Daniel J. West, Appellant,
State of Florida, Appellee.
final until disposition of any timely and authorized motion
under Fla. R. App. P. 9.330 or 9.331.
appeal from the Circuit Court for Bay County. Michael C.
Charles H. Williams, Williams Law, Panama City, for
Moody, Attorney General, Tallahassee, for Appellee.
agree with appointed counsel that the record contains no
reversible error and affirm Daniel J. West's judgment and
sentence. Anders v. California, 386 U.S. 738 (1967).
the trial court appointed a public defender to represent West
on charges of aggravated battery, false imprisonment, and
aggravated assault with a firearm, he moved for substitute
counsel and requested a Nelson[*] hearing. The
Public Defender's Office moved for appointment of the
Office of Criminal Conflict and Civil Regional Counsel
(OCCCRC). The trial court granted the motion and appointed
Jan Miron as conflict counsel. West was soon dissatisfied
with Miron's representation and moved for the appointment
of another conflict counsel. The OCCCRC also moved for
appointment of a new conflict attorney. The trial court
granted the motion and appointed Edmund Quintana.
West was still not satisfied and moved to replace Quintana
with private court-appointed counsel. Although West's
complaints about his counsel were legally insufficient
(because Quintana was experiencing health issues) the court
appointed Charles Henry Williams to represent West.
West was not satisfied. At a pre-trial hearing, Williams told
the court that West did not want Williams to represent him.
West asked the court to remove Williams and requested another
Nelson hearing. As West explained why he wanted
Williams removed, he became agitated. The court told West to
"[t]ake it down about two notches. Chill out just a
little bit for me. Okay?" West replied:
Seem like you got it in for me. I'd like a change of
venue. You seem like you got it in for me. I don't know
what's going on. I don't want him, and I'd really
like to get out your courtroom. Now, you decide, whatever you
decide. Now, if you leave me with him, I won't, I got
nothing to do with him. I don't want nothing to do with
him. Now, if you leave me with him, you and him decide what
ya'll gonna do, because I'm having not having no
parts of it.
court then called Williams to testify about how he prepared
West's defense and about his interactions with West. West
was given a chance to respond, and the court reminded him,
"[w]hat I want you to do is take it down two notches
demanded that the court appoint another lawyer to represent
him. West then criticized the trial court, saying,
"[n]ow, if you're going to have a kangaroo court, go
ahead on and have it."
court reminded West once more to take his behavior "down
a couple notches," warning that if he did not, the court
would find him in direct contempt of court. The court told
West not to refer to the court in a derogatory manner as he
had just done.
court then denied West's request to remove Williams. The
court gave West the option of proceeding with Williams as his
counsel or seeking approval from the court ...